Legal Definitions - miscarriage (of justice)

A miscarriage of justice refers to a significant failure within the legal system that results in an unjust, unfair, or improper outcome, particularly in criminal proceedings. It most commonly describes situations where an innocent person is wrongly convicted of a crime they did not commit. However, it can also encompass other serious errors in the legal process, such as wrongful arrests or indictments, where individuals are subjected to legal action without proper cause or due to fundamental procedural flaws.

• Example 1: Wrongful Conviction Based on Flawed Evidence

  Imagine a scenario where Mr. Henderson is convicted of a serious assault and serves several years in prison, primarily based on a single eyewitness identification made under stressful conditions. Years later, advanced DNA testing on evidence from the crime scene conclusively identifies a different individual as the perpetrator, completely exonerating Mr. Henderson.

  This illustrates a miscarriage of justice because an innocent person was wrongly convicted and imprisoned due to a flaw in the evidence-gathering and evaluation process, representing a profound failure of the justice system to achieve a correct and fair outcome.

• Example 2: Wrongful Indictment Due to Prosecutorial Misconduct

  Consider the case of Dr. Lee, a respected scientist, who is publicly accused and formally indicted by a grand jury for corporate espionage. The indictment is based on evidence that was later revealed to have been fabricated or intentionally misrepresented by a prosecutor eager to secure a high-profile case. Although the charges are eventually dismissed before trial due to the discovery of the misconduct, Dr. Lee's reputation is severely damaged, and her career is irrevocably harmed.

  This is a miscarriage of justice because Dr. Lee was subjected to a wrongful indictment based on improper conduct by a legal official, causing significant harm and distress without a legitimate basis for the charges.

• Example 3: Unfair Trial Due to Incompetent Legal Representation

  A young woman, Ms. Patel, is charged with a felony. She is assigned a public defender who, due to an overwhelming caseload and lack of resources, fails to interview crucial alibi witnesses or present key forensic evidence that could have proven her innocence. As a result, Ms. Patel is convicted and receives a lengthy sentence.

  This represents a miscarriage of justice because Ms. Patel was denied a fair trial due to inadequate legal representation, which prevented her from effectively presenting her defense and ultimately led to an unjust conviction.